Conditions and Regulations for Hire

CONDITIONS AND REGULATION FOR THE HIRE OF ALSAGER CIVIC POLICY

1. INTERPRETATION

1.1 In these conditions and regulations the following expressions have the meanings hereby assigned to them. “The Council” means Alsager Town Council. “The Hirer” means the person or persons or body in whose name the application form is accepted. “The premises” means Alsager Civic. “The Function” means the purpose for which the premises are hired and includes any dance, sport, concert, stage show, dinner, entertainment, meeting, lecture, bazaar, exhibition, sale, cinematograph show, or other proper use of the premises and shall include the arrival and departure of the public, entertainers and other persons attending or taking part in the function. “The Manager” means the Civic Manager or his/her representative.

2. APPLICATIONS

2.1 The Council reserves the right at its absolute discretion to refuse any application without giving any reason for such refusal.

2.2 The Civic Manager reserves the right to seek discussion with a hirer with a view to being better informed in relation to the nature and scope of the proposed booking.

2.3 All applications for the use of the Premises shall be made on the official booking application form.

2.4 Applications will be taken no further than 3 months in advance for peak periods and 12 months for off peak, except in the case of weddings, festivals, other significant events and bookings of more than one day duration at the discretion of the Manager. For information, the peak period is Friday 5pm through to Sunday 9am.

In the case of accepting bookings for significant events or otherwise the manager will first undertake the following tests.
The potential for income generation
The benefit of the event in meeting the needs of the Community.

2.5 Applications for the hire of furniture and equipment only are not accepted.

2.6 Applications will be considered from all political parties’ subject to scrutiny by the Civic Manager. Bookings must be advertised appropriate to the event and private hire charges are applicable.

2.7 The Manager has discretionary powers to submit any application for hiring to the Council for consideration before acceptance or refusal.

2.8 Room layouts need to be provided, to the Civic Manager, at least 7 days prior to the event.

3. SALE OR CONSUMPTION OF EXCISABLE LIQUOR

3.1 The Council, through its bar service, holds the right at its absolute discretion to sell excisable liquors within the premises.

3.2 Acceptance of a booking does not guarantee the provision of a licensed bar service or any extension to permitted hours requested by the hirer.

3.3 The hirer shall not permit the sale or consumption of excisable liquors on the premises without advance formal sanction of the Council which is normally withheld.

3.4 The hirer shall be responsible for compliance with the requirements of the Premises licence during a function and shall ensure that liquor is not brought into the premises by persons attending the function.

4. SALE OR CONSUMPTION OF NON INTOXICATING REFRESHMENTS

4.1 The sale of non-intoxicating refreshments shall be allowed only after written authorisation of the Manager.

4.2 No refreshments (including soft and alcoholic drinks) are permitted onto the premises unless prior permission has been received from the Civic Manager.

5. CANCELLATION

5.1 The Civic Manager shall be entitled summarily to cancel the hiring without in any way being liable to the Hirer or any other person in respect of any loss, damage or expenses suffered by reason of such stoppage or cancellation due to the following circumstances:

(a) If the Hirer fails to pay the appropriate charges in accordance with the conditions of payment.

(b) If at any time prior to the commencement of the function it shall appear to the Civic Manager that the Hirer has made a material omission or mis-statement in the application form.

(c) In the event of the accommodation being required on the date upon which it has been let to the Hirer for the purposes of a Parliamentary, County, Borough Council Election or Council Function, the Hirer shall be given notice of cancellation as soon as the Civic Manager are aware of the circumstances.

(d) If the function has commenced and it shall appear to the Civic Manager that the purpose for which the accommodation is being used is not the purpose described in the application form, or is considered unlawful, undesirable, unsuitable or similar.

(e) If the premises become unfit because of the damage or discovery of a health and safety risk.

(f) If the Civic Manager discovers the Hirer to be unfit to organise the function for whatever reason.

5.2 The Hirer may surrender the hiring provided that written notice is delivered to the Civic Manager prior to the function. The Council may at its discretion vary the sum payable to the Council under the terms of the agreement, in addition to the non-returnable deposit, upon consideration of the circumstances relating to the surrender of the hiring, and particularly the period of notice given and any subsequent re-letting of the premises.

6. CONDUCT AND BEHAVIOUR

6.1 The premises must be used only for the purpose for which they are let, and the Hirer shall not sublet or assign the same or any part thereof.

6.2 The Hirer shall maintain good order and decent behaviour in and around the premises during the function and shall be responsible for the care and custody of the Premises. The Hirer (or Hirer’s representative) shall be present during the function who shall give constant oversight and attention to the observance of these conditions. The name of the representative shall be included on the application form. The Hirer shall provide such stewards as may be required by the Civic Manager to ensure the observance of these conditions by all persons admitted to the Premises during the function. If the Hirer engages or appoints any of the Council’s staff, employees or servants for any duties in connection with such engagement, and that the duties that shall be undertaken for the Hirer shall not interfere with any duties which should be undertaken for and on behalf of the Council. The Manager shall have full power concerning the safety and security of persons and premises and to direct the removal from the premises of any person (s) who is guilty of disorderly or objectionable conduct or other justifiable reason of similar security.

N.B. In the case of 18th and 21st birthday parties the hirer must be the parent or guardian of the person celebrating their birthday. It is the Policy of the Council for the hirer to employ a minimum of two registered door persons at all 18th and 21st birthday parties, New Year’s Eve events and any events that the Manager deems that they are required. Any exemptions to this must be made in writing by the Manager.

6.3 The Civic Manager reserves the right to directly provide stewards for certain functions and to recover any associated costs from the Hirer.

6.4 Door sales of admittance tickets will only be permitted subject to the Civic Manager’s prior formal consent.

6.5 The Hirer shall ensure that no person shall:

(a) bring, place or erect any furniture, fitting, electric, limelight or cinematographic appliances, apparatus or lanterns; or

(b) place or fix any additional or decorative light or decorations, cotton wool, inflammable material, plants, shrubs or similar articles; or

(c) deposit wax, chewing gum, powder, duct tape, sellotape, blutac or any other adhesive substance, on the walls, fixtures or fittings or floors of the premises.

(d) place, fix or exhibit any advertisement or notice within or without the Premises prior to obtaining the previous sanction of the Civic Manager who shall be at liberty to impose such conditions as to materials, position, method of fixing, use and subsequent observance and reinstatements as, in his/her opinion, may be expedient or necessary.

6.6 If the Hirer requires the Premises for stage plays or similar entertainment he shall ensure that no obscene, indecent or immoral song or representation shall be given during the performance.

6.7 The Hirer, shall ensure that the emission of noise associated with any function shall not be unreasonable and shall contain noise to particular levels where these are formally dictated.

6.8 The Hirer shall ensure the room(s) are left in a clean and tidy state at the end of their function and wash all crockery and utensils used.

7. ELECTRICAL/GAS INSTALLATION/ APPLIANCES

7.1 All electrical switchboards and equipment in the Premises shall be under the control of the Manager and shall not be used by any other person without his/her consent.

7.2 No additional electrical apparatus shall be used in the Premises by the Hirer without permission and on the understanding that such equipment shall be suitable fused and protected, PAT tested and connected to suitable sockets and installed by a competent person.

7.3 All appliances must be turned off by the Hirer after use.

8. HEATING INSTALLATION

8.1 The heating of the Premises shall be the responsibility of the Council and the Hirer shall request the Manager to make such adjustments as are necessary. The Hirer shall not touch or interfere with the heating equipment.

9. DAMAGE AND LIABILITY – INSURANCE

9.1 As between the Council and the Hirer, the Hirer shall be fully responsible for any injury, loss or damage whatsoever sustained or suffered by any persons in or about the Premises arising out of or in any way connected with the use of the premises by the Hirer and the Hirer hereby undertakes so to indemnify the Council, its Officers, Agents and servants, against all actions, costs, expenses, claims and demands in respect of or in any way connected with any injury, loss or damage.

9.2 Each Hirer shall arrange liability insurance to cover his/her function activities, and a copy given to the Civic Manager in advance of the event, which must be valid for the event date(s).

9.3 A hall hire damage deposit and a kitchen damage deposit may be required from The Hirer at the discretion of the Civic Manager, to be held against the cost of repairing, cleaning or replacing any damage or loss caused to the accommodation or equipment therein, or consequent loss caused. The amount of damage deposit and kitchen deposit is agreed at the time of the booking and depends on the type of booking, length of booking, attendees, etc. If the cost of repairs exceeds the value of the damage deposit, The Hirer will be liable to pay the additional amount. The damage deposit is due 2 weeks prior to the event, is only payable by card or cash, all monies will be banked. Providing no damage has occurred during the event, a cheque will be sent to The Hirer the week following the event or a refund made to The Hirers card (unless otherwise stated). We do not retain Hirers card details so The Civic Administrator will call The Hirer to process the refund.
9.4 In the absence of a damages deposit and in the event of any damage or loss being caused to the Premises or to any fixtures, fittings, furniture or other items belonging to the Council therein during the function and arising out of or in any way connected with the use of the Premises the Hirer shall at his/her own expense make good all such damage or loss and in the event of his/her failure to do so within 14 days after the occurrence thereof the Council shall be entitled to make good such damage or loss and the Hirer shall reimburse the Council all proper costs, charges and expenses in respect thereof.

9.5 All the conditions attached to the Premises licence shall be duly observed and the Hirer shall indemnify the Council as Licensee against any action, claim, damage or loss which the Council may sustain or incur by reason of any non-observance or breach of any such provisions and conditions by the Hirer shall be deemed to have had notice of all such conditions.

9.6 Risk assessments must be carried out by the Hirer for all activities and functions.

10. SAFETY PRECAUTIONS

10.1 The Hirer shall acquaint himself with the emergency exits and the fire equipment provided and shall have sufficient attendants to evacuate effectively the Premises in the event of fire.

10.2 The Hirer shall keep every entrance, exit and passage connected with the Premises clear of obstruction and ready for use in the event of an emergency.

10.3 Hirers intending to stage plays shall take due care to limit and control the amount and nature of materials and equipment used in the production to safeguard against fire or other hazard.

10.4 Hirer’s must keep a register of attendees at each event, to ensure an accurate count of people could occur, in the case of emergency evacuation.

10.5 At all times the Hirer must adhere to instructions given by the Civic Manager.

11. RIGHT OF ENTRY AND INSPECTION

11.1 The Council reserve to the Town Clerk, Civic Manager, Police Officers and such other persons duly authorised by them in pursuance of their duties, the right of free and unimpeded entry at all times to all parts of the Premises.

11.2 The Manager shall be responsible for the opening and locking up of the Premises before and after any function.

12. HIRE CHARGES, PAYMENTS AND BOOKINGS

12.1 Hire charges are levied in accordance with the official scale of charges in operation at the date the function is held. The Council reserve the right to amend such charges in operation at the date the function is held. The Council reserve the right to amend such charges without notice. It is probable that charges will be subject to review and increase each year. For clarification as listed on the official scale of charges:-
a. A Commercial Hirer is a hirer who is hiring the hall with the intention to make a profit on a self-employed or limited company basis.

b. A Private Hirer is a hirer who is a member of the public hiring for a private occasion, a non-Alsager based charity or not for profit organisation and a political party.

c. A Community Hirer is an Alsager based charity or not for profit organisation with the exception of political parties.
12.2 Hire charges are payable in accordance with the official terms and conditions, in force at the date of acceptance of hire.

12.3 Hire charges for parties or weddings are subject to the hirer using the Civic bar. If the hirer choses not to utilise the Civic bar a per person levy is applicable and the hirer will be responsible for the cost of the Civic stewards.

12.3 To confirm a ‘one-off’ booking, a non-returnable deposit of 25% of the total hire charge is required in excess of 6 months to the booking date, a further 25% is then required at 6 months in advance of the booking date or alternatively, a 50% deposit is required if the booking date is within 6 months.

12.4 For ‘one off’ bookings, payment is required, in full, at least 28 days prior to the event. If the booking is made within 28 days of the event, payment is required in full to confirm the booking.

12.5 For ‘Block Bookings’ i.e. regular, weekly or monthly bookings, payment is required one month in advance of each event.

12.6 All cheques must be made payable to: “Alsager Town Council”. BACs payments to account No. 01003550 sort code: 600112.

12.7 An additional fee is payable by The Hirer for each hour or part of an hour that The Hall is retained by The Hirer from the expiry of the contractual period until The Hirer has returned control thereof to The Council, ready for the use of a subsequent Hirer. Customers will be charged double the hourly rate if they exceed their hire time by more than 15 minutes. The minimum surcharge will be 30 minutes, i.e. the equivalent of one hour’s hall hire.

13. COPYRIGHT ACT 1956

13.1 The premises are let on condition that no copyright work or music shall be performed by means of records/cd’s/mini discs/cassette tapes/MP3/ digitally recorded works, without the consent of the owner of copyright, and the Hirer shall be responsible for securing any necessary licence from , and the payment of, all royalties, fees and other sums due to the Phonographic Performance limited in respect of any such performance by means of records/cd’s/mini discs/cassette tapes/MP3/ digitally recorded works and on the understanding that the Council is indemnified in respect of any infringement of any copyright work or music.

13.2 The council have taken up a licence with the Performing Rights Society to authorise the use of the Society’s copyright music repertoire at all entertainments, including dances held in the Premises. Where copyright music in any form comprises part of the Function, the Hirer must furnish to the Manager at the cessation of the function a Performing Right Society form of return, duly completed, showing the title, composer etc. of every piece of music played and the date on which the function is held. The form of return will be provided by the Council.

14. ATTENDANCES: LIMITATION OF

14.1 The Hirer shall not permit overcrowding of the building and in no case shall sell tickets for any function or allow any persons to attend any function in excess of the maximum number of persons identified on the Premises Licence for particular types of events. These figures may be reduced without notice at the discretion of the Council/Manager having regard to the exact nature and format of the event.

15. KITCHEN AND FOOD HYGIENE

15.1 The Council lets the Alsager Civic kitchen on the basis that the hirer is responsible for the food hygiene and any legislation under the Food Safety Act 1990 and will not accept any liability from any illness resulting from provision of food served.

15.2 The hirer must agree to take all necessary precautions throughout the purchase, preparation, storage and service of food at the event to ensure that the self-catered event will be compliant under the terms Food Safety Act 1990.

15.3 In accordance with the Food Information Regulation, the hirer must provide details of any of the 14 major allergens (celery, gluten, crustaceans, eggs, fish, lupin, milk, molluscs, mustard, nuts, peanuts, sesame seeds, soya and sulphur dioxide or sulphites) present in any of the food provided. The Council cannot be held responsible from any cross contamination from previous use of the kitchen by any external hirer.

15.4 The hirer shall be aware that the event catering will not be supported by the Alsager Town Council and therefore not covered by the Council Insurance policy.

15.5 It is the hirers responsibility to maintain the cleanliness of the area including the disposal of unused food and rubbish.

16. COMMUNICATION

16.1 Any notice, demand or request by the council to, or upon the Hirer, may be sent by ordinary prepaid post addressed to the Hirer at the Hirer’s address given in the application form or emailed to the Hirer’s address given on the application form and shall be deemed to be served at the time when the communication containing the same would be delivered in the ordinary course of post.